Tasmanian solicitor put off the tracks after failing to hand over her client file on a case before the coroner … Strange happenings in Van Diemen’s Land … Who killed Rita Greer? … Nick Bonyhady reports
Etter has had a colourful career since leaving the Western Australian police force to move to Tasmania in 2010.
Before her suspension, Etter was the instructing solicitor for Susan Neill-Fraser, in a bid to reopen an appeal of her conviction for the murder of her de facto husband Bob Chappell on Australia Day 2009 – a conviction that has been likened to the Lindy Chamberlain case.
Etter also briefly served as the inaugural Tasmanian Integrity Commissioner, tasked with ensuring public trust in government, but quit after a year because of alleged bullying.
The state government settled her bullying claim for almost $200,000 in 2014.
That year, Etter unsuccessfully ran for the Tasmanian state seat of Denison as a candidate for the Palmer United Party.
Etter’s practicing certificate was suspended after she refused to provide documents to a Legal Profession Board investigator in relation to her conduct before the coronial inquest into the death of Rita Greer.
Greer was found dead in 2007 at her home outside Hobart from stab wounds that the coroner found were self-inflicted. Greer’s daughter Pauline engaged Etter to argue that her mother had not committed suicide.
In the course of Etter’s handling of the matter, Greer’s son Robert filed a complaint against Etter with the LPB.
The board appointed solicitor Emily Warner to investigate the complaint an investigator into the complaint.
Etter failed to comply with a request for her file on Greer, responding with a series of escalating letters setting out her reasons for refusing to comply.
The last was entitled “Greer v Etter … the Growing Scandal That Is Your Handling of the Complaint”. In addition, Etter filed a complaint of her own with the board – against Warner.
In response to Etter’s failure to provide the documents to the investigator, the LPB wrote to the Law Society directing it to suspend Etter’s practicing certificate until she handed over the material.
In a judgment delivered in late December, Justice Greg Geason of the Tasmanian Supremes declined to stay the suspension and directed Etter to provide the Greer documents to the board.
HH held, contrary to Etter’s submissions, the Legal Profession Act allows the board to suspend a practitioner for failing to comply with its investigator’s directions, even where the investigation is not certain to result in a finding against the practitioner.
Geason also held that the board had exercised appropriate judgment in choosing to pursue a suspension and rejecting Etter’s reasons for not supplying the documents.
“The course it took was no doubt influenced by its view that the reasons advanced by the applicant lacked merit, and that compliance with its requirements was a very important obligation, pivotal to it fulfilling its statutory role. No doubt it was expected that a suspension would be followed by speedy compliance.”
A search of the Tasmanian Law Society’s online list of local practicing certificates reveals no entries for Etter’s name while the register of disciplinary action shows no findings against her.